RainDrive | Disaster Recovery as a Service

RainDrive Managed Backup & Disaster Recovery Service Agreement

This Service Agreement (“Agreement”) is entered into on [Effective Date]

BETWEEN

Indsys Tech Services India Pvt Ltd, a company incorporated under the Companies Act, 2013, having its registered office at [Address], operating the managed backup service under the brand RainDrive, (hereinafter referred to as “Service Provider”)

AND

[Customer Legal Name], having its principal place of business at [Customer Address], (hereinafter referred to as “Customer”)

The Service Provider and Customer are collectively referred to as the “Parties”.

1. Definitions

  • “RainDrive” means the managed data backup and disaster recovery service operated by the Service Provider.
  • “Personal Data” shall have the meaning assigned under the DPDP Act, 2023.
  • “Backup Data” means all data provided by the Customer for backup under this Agreement.
  • “SLA” means the Service Level Agreement applicable to the subscribed service plan.
  • “DPDP Act” means the Digital Personal Data Protection Act, 2023 (India).

2. Scope of Services

2.1 The Service Provider shall provide managed data backup and restore assistance as per the subscribed RainDrive plan and the applicable SLA.

2.2 Services may include:

  • Backup configuration and onboarding
  • Automated scheduled backups
  • Backup monitoring and alerting
  • Restore assistance on request
  • Optional disaster recovery services (if subscribed)

2.3 IT support services and data backup services are separate offerings. Backup and recovery are provided only under this Agreement.

3. Service Commencement & Term

3.1 This Agreement shall commence on the Effective Date and remain valid for the subscribed term unless terminated earlier in accordance with this Agreement.

3.2 Renewal terms, if any, shall be governed by mutually agreed commercial terms.

4. Customer Responsibilities

The Customer agrees to:

  • Provide accurate system, workload, and environment information
  • Maintain supported operating systems and configurations
  • Ensure network connectivity for backup operations
  • Safeguard credentials and encryption keys
  • Notify the Service Provider of any infrastructure changes

Failure to comply may affect service delivery.

5. Data Ownership & Custodianship

5.1 All Backup Data remains the sole property of the Customer.

5.2 The Service Provider acts only as a service provider and custodian and acquires no ownership rights over Customer data.

6. Data Protection & DPDP Compliance

6.1 The Service Provider shall process Personal Data strictly for the purpose of delivering RainDrive services.

6.2 The Service Provider agrees to:

  • Implement reasonable technical and organizational security measures
  • Limit access to authorized personnel only
  • Not inspect, analyze, or commercially exploit Backup Data
  • Assist the Customer in meeting obligations under the DPDP Act where applicable

6.3 The Customer remains the Data Fiduciary under the DPDP Act unless otherwise agreed.

7. Security Measures

The Service Provider implements:

  • Encryption in transit and at rest
  • Access controls and authentication
  • Monitoring and logging mechanisms

However, the Customer acknowledges that no system can guarantee absolute security or zero data loss.

8. Restore & Recovery

8.1 Restore assistance shall be provided as per the SLA.

8.2 Actual recovery timelines depend on:

  • Data size
  • Network bandwidth
  • Target environment
  • Customer responsiveness

No specific RTO or RPO is guaranteed unless explicitly documented.

9. Fees & Payment

9.1 Fees shall be as per the agreed quotation or order form.

9.2 Payment terms, taxes, and invoicing shall be governed by applicable commercial documents.

10. Exclusions & Limitations

The Service Provider shall not be responsible for:

  • Data loss due to credential compromise
  • Unsupported system changes
  • Pre-existing data corruption
  • Customer-initiated deletions
  • Force majeure events
  • Third-party service outages beyond reasonable control

11. Limitation of Liability

To the maximum extent permitted by law:

  • The Service Provider shall not be liable for indirect or consequential damages
  • Total liability shall not exceed the fees paid for the affected service period

12. Termination

12.1 Either Party may terminate this Agreement with written notice as per agreed terms.

12.2 Upon termination:

  • The Customer shall be given a defined grace period to retrieve data
  • Data shall be securely deleted thereafter unless legally required to retain

13. Confidentiality

Each Party shall maintain confidentiality of non-public information obtained under this Agreement.

14. Force Majeure

Neither Party shall be liable for failure to perform due to events beyond reasonable control, including natural disasters, power failures, network outages, or government actions.

15. Governing Law & Jurisdiction

This Agreement shall be governed by the laws of India.

Jurisdiction shall lie with courts applicable to the registered office of Indsys Tech Services India Pvt Ltd.

16. Governing Documents

This Agreement shall be read together with:

  • Service Level Agreement (SLA)
  • Legal Disclaimer
  • Support Scope Notice
  • Commercial documents (if any)

In case of conflict, executed agreements shall prevail.

17. Acceptance

IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first written above.


For Service Provider

Indsys Tech Services India Pvt Ltd

Authorized Signatory: __________________

Date: __________________


For Customer

[Customer Legal Name]

Authorized Signatory: __________________

Date: __________________